MANOJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is accused No.5 in SC No.372021 dtd. 3/12/2024 on the file of Prl. District and Sessions Judge, Koppal and facing the charges for the offence punishable under Sec. 379 read with Sec. 149 of IPC and Sec. 86 of the Karnataka Forest Act, 1963. He has been enlarged on bail by order dtd. 8/12/2021.

(2.) However, as could be seen from the order sheet, on 25/9/2024, accused Nos.2 and 5 were absent and exemption application was filed, which was allowed in the morning session and matter was called in afternoon session. Order sheet shows that P.W.1 is absent but it also says that he has sought for an adjournment. Order sheet per se appears to be incorrect, having regard to the fact that if P.W.1 is absent, he could not have sought for time.

(3.) Nevertheless, learned counsel for accused Nos.2 and 5 were not present when the matter was called in the afternoon session. Therefore, learned Trial Judge issued non bailable warrant against accused Nos.2 and 5. On 21/10/2024, accused No.2 was arrested and he was taken to custody. On 30/10/2024, accused No.2 was produced before the Court through video conference and accused No.5 voluntarily appeared and filed an application under 70(2) of Cr.P.C. Same was rejected and accused No.5 was taken to the custody.